Least Dangerous Branch: The Supreme Court at the Bar of Politics

by Alexander M. Bickel

Book Overview

This classic book on the role of the Supreme court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel... This description may be from another edition of this product.

• Format: Paperback
• Language: English
• ISBN: 9995232243
• Release Date: January 1962
• Publisher: Bobbs-Merrill
• Weight: 1.11 lbs.

Customer Reviews

One of my favorite books on law and the U.S. Constitution

This book is a classic text on judicial restraint and one of the best studies of constitutional law. Law professor Author Alexander M. Bickel was one of the most influential constitutional commentators of the 20th century, and this book is a masterwork. In it, Bickel famously coins the term "countermajoritarian difficulty" to describe his view that judicial review undermines democracy. Whether you are conservative or liberal, you will find his discussions on the role of the Supreme Court in our democratic society compelling and insightful.

A classic

This book is one of the true classics of constitutional scholarship. Although written in 1962, the book still contains valuable lessons for current times. In a nutshell, Bickel's approach to judicial review is cautious, skeptical. He possesses doubts as to the reasoning put forward in Marbury v. Madison, the seminal decision laying the groundwork for U.S. judicial review. Yet he is wise enough to realize that in a constitutional democracy, the judiciary must exercise some power to check the other two branches. The inescapable tension between these two positions is what propels the book along. Written only several years after Brown v. Board of Education and just coming at the start of the Warren Court's run of activism, it reads almost as a historical novel at times. Bickel was one of the leading constitutional scholars of the second half of the 20th century, and this book is the earliest full exposition of his views. These views would change over the years before his untimely death in 1974 (compare this book with his final work, The Morality of Consent), but it is fun to see where he started from and how his thinking evolved.